| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76669114 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
033 |
| DESCRIPTION |
| alcoholic beverages (except beers), namely wines, sparkling wines, distilled spirits and liqueurs |
| FILING BASIS |
Section 44(d) |
| FOREIGN APPLICATION NUMBER |
5110861 |
| FOREIGN FILING DATE |
06/01/2006 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
033 |
| DESCRIPTION |
| Alcoholic beverages, namely, namely wines, sparkling wines, distilled spirits and liqueurs |
| FILING BASIS |
Section 44(d) |
| FOREIGN APPLICATION NUMBER |
5110861 |
| FOREIGN FILING DATE |
06/01/2006 |
| FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
NUMBER |
5110861 |
FOREIGN REGISTRATION
COUNTRY |
European Community |
FOREIGN REGISTRATION
DATE |
05/10/2007 |
| FOREIGN EXPIRATION DATE |
06/01/2016 |
| FOREIGN REGISTRATION FILE NAME(S) |
| ORIGINAL PDF FILE |
FRU0-70916625-162833048_._2007-07-06_CTM_Reg.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS2\EXPORT13\766\691 \76669114\xml1\ROA0002.JP G |
| |
\\TICRS2\EXPORT13\766\691 \76669114\xml1\ROA0003.JP G |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
Applicant has amended its identification of goods in response to the issues raised by the Examining Attorney in his office action of January 9, 2007. This amendment clarifies the
identification of goods further to his helpful comments and in a manner that is amply particular. Additionally, Applicant has made of record a copy of its corresponding CTM registration upon which it
relies under Section 44 of the Trademark Act. Further, Applicant advises that the mark consists of standard characters without claim to any particular font, style, size or color. Finally, Applicant
has indicated the lack of mark apart from trademark significance. Having responded to these issues, Applicant kindly requests passage to publication. Respectfully submitted, |
| SIGNIFICANCE OF MARK |
"Sanvigilio appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance,
nor any meaning in a foreign language." |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| RESPONSE SIGNATURE |
/ml/ |
| SIGNATORY'S NAME |
Mark Lebow |
| SIGNATORY'S POSITION |
Applicant's U.S. Attorney |
| DATE SIGNED |
07/09/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Jul 09 16:43:47 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-200
70709164347827169-7666911
4-3709f1f144c62482e2f3c77
a798ee1b31f-N/A-N/A-20070
709162833048884 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76669114 has been amended as follows:
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 033 for alcoholic beverages (except beers), namely wines, sparkling wines, distilled spirits and liqueurs
Original Filing Basis: 44(d).
Proposed: Class 033 for Alcoholic beverages, namely, namely wines, sparkling wines, distilled spirits and liqueurs
Filing Basis: 44(d); and 44(e).
New/Additional Basis:
Section 44(e) Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy
of [ European Community registration number 5110861 registered 05/10/2007 with a renewal date of __________ and an expiration date of 06/01/2016 ], and translation thereof, if appropriate. 15 U.S.C.
Section 1126(e), as amended.
Original PDF file:
FRU0-70916625-162833048_._2007-07-06_CTM_Reg.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Additional Statements
Applicant has amended its identification of goods in response to the issues raised by the Examining Attorney in his office action of January 9, 2007. This amendment clarifies the identification of
goods further to his helpful comments and in a manner that is amply particular. Additionally, Applicant has made of record a copy of its corresponding CTM registration upon which it relies under
Section 44 of the Trademark Act. Further, Applicant advises that the mark consists of standard characters without claim to any particular font, style, size or color. Finally, Applicant has indicated
the lack of mark apart from trademark significance. Having responded to these issues, Applicant kindly requests passage to publication. Respectfully submitted,
"Sanvigilio appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in
a foreign language."
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /ml/ Date: 07/09/2007
Signatory's Name: Mark Lebow
Signatory's Position: Applicant's U.S. Attorney
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 76669114
Internet Transmission Date: Mon Jul 09 16:43:47 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200707091643478271
69-76669114-3709f1f144c62482e2f3c77a798e
e1b31f-N/A-N/A-20070709162833048884
